University of Michigan Law School University of Michigan Law School Scholarship Repository Articles Faculty Scholarship 2013 Was That a Song? Donald J. Herzog University of Michigan law School, [email protected] Available at: https://repository.law.umich.edu/articles/1776 Follow this and additional works at: https://repository.law.umich.edu/articles Part of the Musicology Commons, and the Music Performance Commons Recommended Citation Herzog, Donald J. Was That a Song? Mich. Q. Rev. 52, no. 4 (October 2013). This Article is brought to you for free and open access by the Faculty Scholarship at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Articles by an authorized administrator of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. WAS THAT A SONG? DON HERZOG Readers of a certain age will recall Doris Day's 1953 rendition of "Secret Love." (Younger readers, always blithe about copyright, may consult YouTube.) The tune's by Sammy Fain—no slouch, to put it mildly—but al- luring as Day's voice is, the arrangement manages to be both cloying and me- chanical. The tune just won't bear that much melodramatic weight, even with the pufiy-clouds-of-buttercream lyric by Paul Francis Webster. It's hard not to snicker. Camp, or one kind of it, is innocence recollected with irony. The scene changes: let's make it October 16, 2008. No, not the Village Vanguard; not the Blue Note; not Yoshi's or Baker's Keyboard Lounge or the Jazz Showcase. Instead, we're at the Krannert Art Museum, Champaign, Illinois, where Trio X wrapped up an inquisitive set with "Secret Love." That fall, they gnawed away repeatedly at "Secret Love," and I'll say a bit more about what you can learn about their strategies by pondering the differences in their attempts. But at the Krannert, things are straightforward and deeply affectionate. (Or so I think. A colleague of mine happened to wander into my office while I was playing this cut. He looked at me dourly:"Do you actually like this nonsense or do you just think you're supposed to?" I sighed. I guess he'd prefer Doris Day.) Joe McPhee's on tenor sax, and he launches the song by himself. His tone is a bit querulous, his rhythm casually disrespectful of the dictates of a boring metronome, rubato with a vengeance, but he sticks pretty close to the original melody. Dominic Duval is right behind him on bass, spraying intricate lines that imply the original harmony but already gleefully tug free. A few soft skittering strikes on the cymbal and Jay Rosen lays down a DON HERZOG I 505 swinging rhythm on drums; Duval comes closer to a walking bass line, his quarter notes anchoring the tune. The combination is one of jazz's sexiest seductions for listeners and players alike, but they succumb only briefly. Sometimes when you think these guys are going to lock into a pattern, some- one nonchalantly tries something else—or some two, or all three, do. Within a couple of minutes, McPhee's playing is insistent, rapid, petulant, and Duval is suggesting chords not even tenuously related to anything Fain ever imag- ined. Then magically they ate all much quieter—did Rosen hush the pro- ceedings? Was there a visual cue? Hard to say—and McPhee is again caressing the melody, even if Duval and Rosen aren't as meekly cooperative as they were at the outset. Then McPhee rivets his attention on a motif, wryly turning the tune into a brief snatch of "Pop Goes the Weasel," and they're done. If McPhee is shouting his love from the highest hills, as the song's re- grettable lyric has it, his shout is acerbic, sometimes anguished, and, at least from the vantage point of a listener sixty years after Doris Day entered the studio, a lot more honest than her confection. There's not a lot of applause. But I bet the Krannert doesn't seat hundreds. Theme and variations? Maybe. But not with the architecture that has served jazz musicians so well and so long. You know: the band plays the "head" or melody; the rhythm section keeps churning through the chord changes while one horn player or lead instrument after another solos; maybe the piano and bass and drums take their turns; and then everyone returns faithfully to the head. That October night in Champaign, "Secret Love" tum- bled through dizzying changes in just a few minutes. But I bet the trio had plotted out very little of what they were going to do ahead of time. They're not just improvising on the melody. They're improvising on every facet of the tune, seizing on rhythmic and harmonic possibilities as they flutter by, lis- tening intently to each other and tweaking and subverting musical sugges- tions as often as following them. These guys are cheerful anarchists, and if your fusty self doesn't find enough order in what they're up to, well, I guess you can always take the A train to Lincoln Center and masochistically sub- mit to the stern conservatory ethic of Wynton Marsalis. Don't get me wrong: Marsalis is a hell of a player and I've had tons of fun listening to some of his work. But like other modern art forms, jazz moves relentlessly forward; there's something funereal or even necrophiliac about faithfully reproducing its earlier moments of glory. Joseph Jarman, sometime 506 I MQR FALL 2013 sax player with the Art Ensemble of Chicago and sometime Jôdo Shinshu priest in Brooklyn, gets it exactly right: "It's meaningless to repeat what one of the masters has done, note for note. We are not as good as the master was, simply by repeating his notes. We need to play our own music and incorpo- rate the master's ideas, but show they're an influence, not an affliction." Jazz constantly spins off new possibilities, seizing on fusion with rock, new rhythms from Brazil and then "world music," astringent harmonies and atonal combinations from "new" music or twentieth-century "classical," and more. Some possibilities work out, some don't, and nothing guarantees that musicians or audiences will keep mining and extending the more rewarding ones. In fact, jazz musicians have been relaxing constraints since the begin- ning. Why play the stated melody when you can play variations on it? In swing recordings from the thirties, there really is a rhythm section: piano, bass, drums, and guitar, all kachunking away at the beat and chords. In the bits of film I've seen, those musicians always look somber: it's hard to resist the inference that they're bored. But then guitarists disappear or guitars turn into lead instruments. And with the rise of bop, drummers offer explosively exciting accents, breaking up the serene four-count measure in hitherto unimaginable ways: even their more settled rhythmic grooves are intricate challenges. Piano players might keep"comping" or accompanying the soloists with well-chosen chords, but they might roam free or just stop playing. It's enough, plenty of groups figure, for the bass player to state a rhythm and imply some chords. Listeners ought to be alert enough to figure out what's going on. (Forget modernism and recall Wordsworth: these musicians too hoped to create the very audiences that would appreciate their work.) And then why not have the bass player too slip out of prison? Especially when the band is playing a warhorse—"Green Dolphin Street," say, or "Round Mid- night"—alert listeners ought to be able to supply the structure themselves. A lot of first-rate jazz today still relies on older organizational strate- gies. But—I don't want to quibble about who started it, or when—by the 1960s we have free jazz, shattering one structure after another. Goodbye bop harmonies, goodbye swinging triplets and dotted eighth notes, goodbye one soloist after another over the chord changes: goodbye and good riddance! Those constraints might once have opened up intriguing musical spaces, but now, some musicians have come to think, those spaces are stale and DON HERZOG I 507 exhausted. Tbose deploring free jazz bear musicians shrieking hysterically on their instruments without rhyme or reason, as if other musicians weren't in the room, as if the goal were to play fast and furious in a confounding ges- ture of contempt for earlier music and current audiences alike. No wonder skeptics, baffled by or contemptuous of the development of extended tech- niques producing odd sounds on all kinds of instruments, wondered if these musicians actually knew how to play properly. Sure, some free jazz is like that, and I confess I have little interest in or patience with it. But the enchanting stuff isn't like that at all. It's quiet, or anyway it usually starts quietly, and exploratory: the musicians trust each other to cooperate and see what unfolds. When things go awry, nothing much comes of it or someone settles into a repetitive riff or (yawn) a twelve- bar blues. Then the exploration is aborted, even if what follows is engaging in its way. When things work, musicians create pieces of haunting beauty. No, not the beauty of, oh. Miles Davis playing "Stella by Starlight." (Speaking of which, if you don't already know: YouTube will give you a quick grasp of how much and how fast jazz could change if you listen to what Miles did with that tune in 1958 and 1964—for 1964, you want the more assertive Berlin version with Wayne Shorter on tenor sax.) Paul Bley, a pianist who has excelled for decades in spinning wistful gossamer webs, once suggested that improvisation is composition in real time.